P. v. Warren
Kenneth Raymond Warren appeals from a judgment upon a jury verdict finding him guilty of four counts: (1) driving under the influence of alcohol (DUI) with a prior felony DUI conviction within 10 years (count one) (Veh. Code,[1] 23152, subd. (a), 23550.5); (2) driving with a blood-alcohol level of 0.08 percent or greater with a prior felony DUI conviction (count two) ( 23152, subd. (b), 23550.5); (3) DUI after having accumulated three or more DUI prior convictions within 10 years (count three) ( 23152, subd. (a), 23550); and (4) driving with a blood-alcohol level of 0.08 percent or greater after accumulating three or more prior DUI convictions within 10 years (count four) ( 23152, subd. (b), 23550). In a bifurcated proceeding, the trial court found true the allegations that defendant suffered three misdemeanor DUI convictions and one felony DUI conviction, but struck the alleged prior strike conviction. Defendant contends his convictions for counts three and four must be reversed because the counts are not different crimes but simply constitute sentencing provisions. The Attorney General concedes that reversal of counts three and four is warranted. Court reverse the convictions on counts three and four, but otherwise affirm.
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